Case law

Woodard v. City of Gulfport

54 F. Supp. 2d 1305 · District Court, M.D. Florida · Jul 1, 1999

In his motion to dismiss, Defendant Wil-loeks raises the defense of qualified immunity. … Defendant Willoeks further asserts that an individual defendant is entitled to qualified immunity at this stage in the proceedings if Plaintiffs Complaint fails to allege the violation of a clearly established constitutional

Metropolitan Dade County v. Reyes

21 Fla. L. Weekly Supp. 552 · Supreme Court of Florida · Dec 19, 1996

The plain language of section 768.28(6)(a) clearly indicates that each claimant must give the proper notice. … Even if it had indicated that status, moreover, there is no strict rule that all spouses of injured persons qualify for a loss of consortium award. Propst v. Neily, 467 So.2d 398, 399 (Fla. 4th DCA 1985); Albritton v.

PATRICK MICHAEL LANGEL v. STATE OF FLORIDA

255 So. 3d 359 · District Court of Appeal of Florida · Sep 5, 2018

The statute creates new legal rights for those asserting a claim of self-defense immunity − by making it easier to establish the right to immunity − and imposes new legal burdens on the state to maintain a prosecution. … The 2017 amendment altered a legal standard, the quantum of proof required to establish immunity from prosecution.

Marion v. City of Boca Raton

47 So. 3d 334 · District Court of Appeal of Florida · Oct 20, 2010

Neilson, 419 So.2d 1071, 1075 (Fla.1982): Commercial Carrier established that discretionary, judgmental, planning-level decisions were immune from suit, but that operational-level decisions were not so immune. … Such a large intersection as present in this case would qualify as being inherently dangerous.

Florida Evergreen Foliage v. EI Du Pont De Nemours and Co.

135 F. Supp. 2d 1271 · District Court, S.D. Florida · Mar 8, 2001

should be interpreted as only a qualified immunity; and (3) DuPont’s argument for immunity is inconsistent with Florida law related to spoliation of evidence. … Second, Plaintiffs argue that Levin is distinguishable and that any immunity owed to DuPont is only a qualified immunity, and is therefore overcome by Plaintiffs’ allegations.

Paul v. Avril

812 F. Supp. 207 · District Court, S.D. Florida · Jan 14, 1993

The acts as alleged in the complaint, if true would hardly qualify as official public acts. W.S. Kilpatrick & Co. v. … This case presents clearly justiciable legal issues as illustrated herein. *213 It is therefore RECOMMENDED that Defendant’s request that the Complaint in this action be dismissed should be DENIED.

Hambley v. STATE, DEPT. OF NAT. RESOURCES

459 So. 2d 408 · District Court of Appeal of Florida · Nov 14, 1984

However, Shields, acting as a state official in his executive capacity to enforce *411 the law, enjoys only a qualified immunity. … Florida Power Corporation, 402 So.2d 1225 (Fla. 5th DCA 1981). [5] We are not, by this, holding that Hambley has set forth sufficient facts to establish willful and malicious conduct on the part of Shields.

Citizens Property Insurance Corp., etc. v. Perdido Sun Condominium Association, Inc., etc.

40 Fla. L. Weekly Supp. 265 · Supreme Court of Florida · May 14, 2015

Perdido Sun relied on the statutory exception to immunity for “any willful tort” in asserting that immunity did not apply. … As this Court has recognized, where the Legislature made one exception clearly, if it had “intended to establish other exceptions it would have done so clearly and unequivocally.” Dobbs v.

Lewis v. Evans

406 So. 2d 489 · District Court of Appeal of Florida · Oct 23, 1981

Those circumstances clearly brought the matter within the ambit of the privilege sometimes referred to as a "qualified business privilege." … Proof that defamation is false, and was known to be such by the publisher, certainly establishes malice in fact, but that is by no means the only way to prove malice.

Holley v. Adams

238 So. 2d 401 · Supreme Court of Florida · Jun 26, 1970

Stat., F.S.A., the Court may render a declaratory judgment, "Of any fact upon which the existence or nonexistence of such immunity, power, privilege or right does or may depend, whether such immunity, power, privilege or … These prohibitions were clearly expressed in the Constitution.

Sullivan v. Streeter

11 Fla. L. Weekly 776 · District Court of Appeal of Florida · Apr 2, 1986

The legislature, in its wisdom, spoke clearly and plainly of its intention to either grant or withhold immunity based upon the actions of the employee. … Supp.2d 101, 106, (Fla. 17th Cir Ct, 1983) Clearly, sufficient facts have been pled and raised by the depositions in the record *896 to establish material questions of fact as to gross negligence negating a Summary Judgment

Tedder v. Pride Enterprises Incorporated, Corporate Office

District Court, M.D. Florida · Mar 1, 2021

that qualified immunity is inappropriate. … Thus, to defeat qualified immunity with respect to these Defendants, Tedder must show both that Defendants committed a constitutional violation, and that the constitutional right violated was clearly

Sisk v. GEN. BLDRS. CORP. OF FORT LAUDERDALE

438 So. 2d 65 · District Court of Appeal of Florida · Aug 31, 1983

If adequately established, this would cause General Builders to be classified as an "owner-builder" rather than a general contractor and, thus, it would be unable to qualify for tort immunity under the statutes in question … He claimed that if this were established at trial, General Builders would not be entitled to the tort immunity conferred on contractors by sections 440.10 and 440.11, Florida Statutes (1981).

FLA., BIRTH-RELATED NICA v. McKaughan

668 So. 2d 974 · Supreme Court of Florida · Feb 29, 1996

immunity is an affirmative defense to a traditional tort action. … On the other hand, if the claimant does not qualify for NICA benefits, compensation continues to remain available through a medical malpractice action.

Ago

Florida Attorney General Reports · Jun 8, 1992

advanced life support, pursuant to the provisions of this act." 4 The definition of a physician, contained elsewhere in the act, is "a practitioner who is licensed under the provisions of chapter 458 or chapter 459." 5 Clearly … reading of the statutes cited above, it does not appear that directions given by an emergency medical technician or a paramedic to a law enforcement officer to restrain patients who are refusing medical treatment would qualify

State Ex Rel. Sparks v. Reeves

97 So. 2d 18 · Supreme Court of Florida · Sep 18, 1957

consideration of this matter should be determined in the light of certain well-established principles which we herewith mention for the guidance of the parties and the trial Judge. … We are not immune or unsympathetic to the appealing position of the appellee-grandparents.

In Re: Amendments to Florida Rule of Criminal Procedure 3.190

Supreme Court of Florida · Oct 30, 2025

(3) The defendant is charged with an offense for which the defendant previously has been granted immunity. … Discovery depositions under Florida Rule of Criminal Procedure 3.220 do not qualify as depositions to perpetuate testimony. (6) Prohibited Use.

Ball v. D'LITES ENTERPRISES, INC.

65 So. 3d 637 · District Court of Appeal of Florida · Jul 27, 2011

The prosecutor was entitled only to qualified immunity. In Pratt v. … An order dismissing some counts of a complaint, but leaving others pending, is not appealable if the remaining counts require proof of the same facts necessary to establish the counts which were dismissed.

Florida Power and Light Company v. Brown

274 So. 2d 558 · District Court of Appeal of Florida · Mar 13, 1973

We do not believe that the negotiations between F.P.L. and the owners of the Fashion Square [2] resulted in a "contract" as was contemplated by the statute in order for F.P.L. to qualify as a "contractor" subject to immunity … contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment

Buck v. McLean

115 So. 2d 764 · District Court of Appeal of Florida · Oct 8, 1959

from such liability, is clearly explained. … If, therefore, a change in the long established rule of immunity prevailing in this State is to be made, it must come as it did in the States of New York, Washington and California either by constitutional amendment, or by